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Mayer v. Siebert Motors, Inc.

264 A.D. 989 Court N.Y. App. Div. Decision date 1942-09-30 English

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p. 989
Josephine K. Mayer, as Administratrix, etc., of William Mayer, Deceased, Appellant, v. Siebert Motors, Inc., Respondent.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact for the jury. We think it was for the jury to say whether or not decedent was in the attic in the performance of his duties under the contract. AE concur. (The judgment dismisses the complaint in a negligence action.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.